Prosecutor Who Subpoenaed Letitia James Could Be Disqualified: Judge

A federal judge has suggested that she may disqualify a Trump loyalist serving as the top federal prosecutor in the Albany region — a move that would deepen the administration’s string of losses in its attempt to bypass Senate confirmation to install preferred U.S. attorneys, Bill Mahoney and Erica Orden reported for Politico.

The legal battle stems from New York Attorney General Letitia James’ effort to quash subpoenas Sarcone’s office issued earlier this year in civil cases she brought against Donald Trump and the National Rifle Association (NRA). (Photo: New Yorkers for Equal Rights Facebook) 

During oral arguments, U.S. District Judge Lorna Schofield, appointed by President Barack Obama, appeared poised not only to remove prosecutor John Sarcone III from the top job but also to bar him from holding any position that would allow him to function in that capacity.

“The only remedy, if one found an improper appointment, that would cure that would be disqualifying him,” Schofield said.

“If I were to find that he was not properly acting as a U.S. attorney, leaving him as first assistant and the office vacant wouldn’t accomplish much.”

The legal battle stems from New York Attorney General Letitia James’ effort to quash subpoenas Sarcone’s office issued earlier this year in civil cases she brought against Donald Trump and the National Rifle Association (NRA).

James argues the subpoenas are invalid because Sarcone was never legally appointed. Sarcone — a Republican lawyer who unsuccessfully ran for office several times — had no clear prosecutorial experience when he was named a temporary U.S. attorney.

His tenure began contentiously, including listing as his home address a location that was actually a boarded-up building on a police affidavit.

When Sarcone’s 120-day interim appointment expired, district judges in northern New York refused to reappoint him or select a substitute. They simply left the position unfilled.